Sveta Apodaca, June 9, 2016 - "In a series of recent decisions, the Board of Immigration Appeals (BIA) and the U.S. Citizenship and Immigration Services (USCIS) have recognized as valid the April 21, 1975 marriage of two gay men, Richard Adams and Anthony Sullivan, leading to the agency’s...

Matter of X-, July 1, 2016, unpub. - "This matter was last before the Board on July 20, 2015, when we reversed the decision of the Immigration Judge denying the respondent's application for a waiver of inadmissibility under section 212(c) of the Immigration Act, 8 U,S.C. § 1182(c), in the...

Matter of Richmond, 26 I&N Dec. 779 (BIA 2016) - (1) A false claim to United States citizenship falls within the scope of section 212(a)(6)(C)(ii)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(ii)(I) (2012), where there is direct or circumstantial evidence that the false...

Matter of Fatahi, 26 I&N Dec. 791 (BIA 2016) - In determining whether an alien presents a danger to the community at large and thus should not be released on bond pending removal proceedings, an Immigration Judge should consider both direct and circumstantial evidence of dangerousness, including...

BIA, Aug. 8, 2016 - "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issues:
ISSUES PRESENTED:
1) Whether an involuntariness or duress exception exists to limit the application of the persecutor bar in sections 208...

Matter of Khan, 26 I&N Dec. 797 (BIA 2016) - Immigration Judges do not have authority to adjudicate a request for a waiver of inadmissibility under section 212(d)(3)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(d)(3)(A)(ii) (2012), by a petitioner for U nonimmigrant status...

Xiong v. Lynch, Sept. 8, 2016 - "In its motion to remand, the government argues that the Board should consider whether a second-degree burglary in Minnesota constitutes a generic “burglary” within the meaning of § 1101(a)(43)(G). We conclude that the suggestion of a remand is well...

DOJ, Sept. 9, 2016 - Matter of Guzman-Polanco, 26 I&N Dec. 806 (BIA 2016) - "The crime of aggravated battery in violation of the Puerto Rico Penal Code is not categorically a crime of violence under 18 U.S.C. § 16(a) (2012), but controlling circuit court law should be followed regarding...

Matter of CHAIREZ-Castrejon, 26 I&N Dec. 819 (BIA 2016) - The respondent’s removability as an alien convicted of an aggravated felony was not established where section 76-10-508.1 of the Utah Code was not shown to be divisible with respect to the mens rea necessary for the offense to qualify...

Jason Dzubow, Sept. 28, 2016 - "Paul Wickham Schmidt served as Chairman of the Board of Immigration Appeals (“BIA”) from 1995 to 2001. He was a Board Member of the BIA from 2001 to 2003, and served as an Immigration Judge in Arlington, Virginia from 2003 until his retirement earlier...

Mario R. Urizar writes: "We asked for a three panel member decision and oral argument to review INA 212(c) eligibility under Matter of Abdelghany as it applies to individuals with convictions after trial. Specifically, under the ineligibility language of IMMACT90, i.e., to "applicant[s] [who...

Jason Dzubow, The Asylumist, Oct. 5, 2016 - "And now, part 2 of my interview with Paul Wickham Schmidt (if you missed part 1, it is here ):
ASYLUMIST: Your Chairmanship ended in April 2001, a few months into the George W. Bush Administration. What happened?
PWS: John Ashcroft was President...

Paul Wickham Schmidt, Oct. 12, 2016 - "They cross deserts, rivers, and territories controlled by corrupt governments, violent gangs, and drug cartels. They pass through borders, foreign countries, different languages and dialects, and changing cultures. I meet them on the final leg of their trip...

In a 4-page letter dated October 31, 2016 to DHS Secretary Jeh Johnson, twelve former BIA members and Immigration Judges made the case for due process for asylum applicants, and criticized the current detention regime.

Prof. Lindsay M. Harris writes : "I write to share a positive decision from the BIA for a mother from El Salvador fleeing domestic violence. It may be helpful on the one-year filing deadline and immigration court backlogs, particular social group, nexus, and "ability to leave." Here is...

Matter of Diaz-Lizarraga, 26 I&N Dec. 847 (BIA 2016) - (1) A theft offense is a crime involving moral turpitude if it involves a taking or exercise of control over another’s property without consent and with an intent to deprive the owner of his property either permanently or under circumstances...

Matter of Obeya, 26 I&N Dec. 856 (BIA 2016) - Petit larceny in violation of section 155.25 of the New York Penal Law, which requires an intent to deprive the owner of his property either permanently or under circumstances where the owner’s property rights are substantially eroded, is categorically...

Matter of X-, June 14, 2016 - "[W]e conclude that the respondent filed her asylum application within a reasonable period of her seeking and receiving mental health services that treated her PTSD symptoms, specifically the avoidance that affected her ability to apply for asylum. Ultimately, we conclude...

Matter of L-T-P-, 26 I&N Dec. 862 (BIA 2016) - (1) An applicant for adjustment of status under section 209 of the Immigration and Nationality Act, 8 U.S.C. § 1159 (2012), must be either a refugee or an asylee. (2) Cubans who were paroled into the United States under section 212(d)(5) of the...